Maria Rosa v. Wakefern Food Corporation a.k.a. Price Rite of Cranston ( 2022 )

Supreme Court
No. 2020-255-Appeal.
(KC 20-506)
Maria Rosa :
v. :
Wakefern Food Corporation a.k.a. :
Price Rite of Cranston.
ORDER
The plaintiff in this case, Maria Rosa, appeals from an April 2, 2021 judgment
of the Kent County Superior Court dismissing on statute of limitations grounds her
complaint, in which she sought damages for personal injuries allegedly sustained
during a slip-and-fall incident at a grocery store owned by the defendant, Wakefern
Food Corporation a.k.a. Price Rite of Cranston, located in Cranston, Rhode Island.
This case came before the Supreme Court pursuant to an order directing the parties
to show cause why the issues raised in this appeal should not be summarily decided.
After carefully considering the parties’ arguments (both written and oral) and after
reviewing the record, we are of the opinion that cause has not been shown and that
the appeal may be resolved without further briefing or argument. For the reasons
set forth in this order, we vacate the judgment of the Superior Court.
-1-
At the time when the events giving rise to this appeal were taking place, the
nation and this state were in the midst of a pandemic of fearsome proportions. It
was represented to us at oral argument by Ms. Rosa’s counsel that, while the
pandemic was raging with particular severity, he was confronted with a series of
logistical and computer-related issues that resulted in his failing to file the complaint
in this action in strict accordance with the terms of the pertinent statute of limitations.
Given the totality of the rather unique circumstances presented by this case,
coupled with the fact that the complaint was in fact electronically filed in the
Superior Court within days after the pertinent deadline, it is our opinion that it would
be preferable for this case to proceed in the usual manner rather than being dismissed
on the basis of the belated filing of the complaint. See generally Rivera v.
Employees’ Retirement System of Rhode Island, 70 A.3d 905 (R.I. 2013). In so
ruling, we specifically decline to base this decision on “abuse of discretion” or
“excusable neglect” grounds; rather, this decision is based solely on our appreciation
of the uniqueness of the particular attendant circumstances relative to this case that
transpired in the midst of an unprecedented public health crisis.
-2-
Accordingly, we vacate the judgment of the Superior Court. The record may
be returned to that tribunal.
Entered as an Order of this Court this 16th day of March 2022.
By Order,
____________________________
/s/ Debra A. Saunders, Clerk
Clerk
-3-
STATE OF RHODE ISLAND
SUPREME COURT – CLERK’S OFFICE
Licht Judicial Complex
250 Benefit Street
Providence, RI 02903
ORDER COVER SHEET
Maria Rosa v. Wakefern Food Corporation a.k.a.
Title of Case
Price Rite of Cranston.
No. 2020-255-Appeal.
Case Number
(KC 20-506)
Date Order Filed March 16, 2022
Suttell, C.J., Goldberg, Robinson, Lynch Prata, and
Justices
Long, JJ.
Source of Appeal Kent County Superior Court
Judicial Officer from Lower Court Associate Justice Jeffrey A. Lanphear
For Plaintiff:
Christopher J. Petrarca, Esq.
Attorney(s) on Appeal For Defendant:
Amanda R. Prosek, Esq.
Douglas L. Price, Esq.
SU-CMS-02B (revised June 2020)